Understanding Official Oppression Under Texas Law

Power in the wrong hands can be dangerous. That’s why Texas law doesn’t just regulate crimes committed by everyday citizens—it holds public officials accountable, too. When a person in a position of authority uses that role to intimidate, harass, unlawfully detain, or interfere with someone’s rights, they may be committing a crime known as official oppression.

Whether you’re a public servant acting under color of office or someone who feels their rights have been violated, it’s essential to understand how this law works and what it means if you’re accused or affected.

Official Oppression in Texas Law

Texas Penal Code § 39.03 defines official oppression as a crime committed when a public servant, acting under color of office or employment, commits an offense by:

• Intentionally denying or impeding another in the exercise of a right, privilege, power, or immunity,
• Subjecting someone to mistreatment or to arrest, detention, search, seizure, or dispossession that is unlawful,
• Or using their authority to harass, embarrass, or coerce someone without justification.

In short, if someone uses their privilege, power, or immunity in an official role to carry out actions the law doesn’t permit, and they acted with the intent to do so, it may qualify as official oppression in Texas.

This law does not criminalize honest mistakes or split-second decisions under stress. The key is intent; the accused must have knowingly broken the law or abused their authority.

Who Can Be Accused of Official Oppression?

This law applies exclusively to public servants—those who are employed by or represent the government. Examples include:

• Police officers and sheriffs
• Correctional officers or jail staff
• Judges, prosecutors, and court clerks
• Public school employees (principals, superintendents, resource officers)
• Government inspectors, city officials, and local administrators

If any servant acting under color of office or employment steps outside legal bounds and their conduct is unlawful, they can face criminal charges under this statute.

Examples of Official Oppression

These are some real-world examples of situations that may fall under the law:

1. Unlawful Arrest or Detention

An officer arrests someone without a legal basis, just to inconvenience them or retaliate. If there’s no probable cause, and the officer knows that, this may count as official oppression involving arrest, detention, search, or seizure.

2. Jail Abuse

A jail guard denies an inmate medical care or the ability to contact an attorney, either as punishment or out of spite. This is mistreatment or unlawful detention and a clear misuse of authority.

3. Sexual Misconduct by a Public Official

A supervisor subjects another to sexual harassment in exchange for promotions, protection, or silence. This is an abuse of role and power and could rise to the level of official oppression, particularly when tied to public employment.

4. Misuse of Authority in Inspections or Enforcement

A city inspector threatens to file code violations unless paid under the table. This misuse of public servant power for personal gain violates multiple legal standards.

5. Educational Data Fraud

A school official acted with the intent to submit false data to the Texas Education Agency (TEA) through the Public Education Information Management System (PEIMS). This specific offense involves falsifying the accuracy of data reported to influence accountability or funding and is charged more severely.

Key Elements Prosecutors Must Prove

To secure a conviction for official oppression in Texas, the state must establish that:

1. The accused was a public servant acting under color of office.
2. They intentionally denied or impeded someone’s legal rights or subjected them to unlawful detention, search, seizure, or dispossession.
3. Their conduct was unlawful, not simply a misunderstanding or poor judgment.
4. The action wasn’t part of their legal authority or policy.

Solid evidence, including video, documents, or witness testimony, is usually required to prove intent and misconduct beyond doubt.

Penalties if Charged with Oppression in Texas

Class A Misdemeanor (Most Common)

For most cases, official oppression is typically charged as a Class A misdemeanor, which carries:

• Up to 1 year in jail
• Up to $4,000 in fines

This level applies when a public servant acting in an official capacity misuses authority in ways that violate a person’s legal protections or dignity.

Third-Degree Felony (When Education Fraud Is Involved)

If the public servant intentionally falsifies data submitted to the Texas Education Agency through the information management system PEIMS, the offense is elevated to a third-degree felony. Penalties include:

• 2 to 10 years in prison
• Up to $10,000 in fines

This often applies to those in public education information management roles who manipulate performance or funding data, typically superintendents, registrars, or administrative leaders.

Legal Defenses Against Official Oppression

Being charged doesn’t mean you’re guilty. Here are a few strong defenses that may apply:

Lack of Intent

If the person didn’t mean to do anything wrong and acted in good faith, that could defeat the charge. The law requires knowing about misconduct.

Lawful Authority

If the action was allowed under law or department policy, even if it upset someone, it might be legally protected.

Misunderstanding or Mistake

In high-pressure jobs, things happen fast. A mistake in judgment doesn’t automatically mean criminal misconduct.

Coercion or Orders from Above

If a public servant was forced to act by a superior under threat of retaliation, that could be a valid legal defense.

Good legal counsel is crucial here. These cases depend heavily on records, witness credibility, and context.

Arrested? Don’t Plea, Call Me!

Official oppression laws are designed to protect people from abuse of power—but they also protect public servants from false claims when actions are taken in good faith. Like many legal issues, these cases aren’t black and white. They’re often shaped by split-second decisions, unclear policies, and conflicting accounts.

If you’re facing an official oppression charge, don’t wait to get help. At Texas Criminal Defense Group, we understand the serious nature of these cases and how much is on the line. Our experienced defense attorneys are here to protect your rights, challenge weak charges, and fight for the best possible outcome.